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We want to continue to build the list of people receiving this bi-weekly Death Penalty Update, an excellent overview of death penalty news stories, scheduled executions, and new resources.  Please take a minute to let your colleagues, friends, family and members know that they can now subscribe simply by sending an email to Josh Noble, at jnoble@dcaclu.org, and typing ""Death Penalty Update"" in the subject line.   

News

Supreme Court Rulings on Death Penalty Issues Reflect Arbitrariness of Punishment

(June 24, 2004)  

Three death penalty-related decisions issued today by the U.S. Supreme Court are a ""mixed bag"" that reflect the ongoing arbitrariness of how capital punishment is applied in the United States, the American Civil Liberties Union said. 

The three decisions dealt with the retroactive application of a previous Supreme Court ruling on the death penalty, the consideration of mental retardation in death penalty cases, and the ability of death row prisoners to have a court review their claims. 

""These rulings, both the good and the bad, underscore that the death penalty continues to be applied arbitrarily and that even new protections afforded by the courts may not be applied uniformly,"" said Diann Rust-Tierney, director of the ACLU's Capital Punishment Project. ""We therefore continue to call for an immediate temporary halt to executions so that we can take a comprehensive look at the failures of this system.""

Read More about the Supreme Court's Decision

Positive Death Penalty Developments in Texas and Nebraska Democratic Parties
(June 22, 2004)

Last week the Texas Democratic Party adopted a party platform that calls on the state to impose a moratorium on executions and a ban on juvenile executions.  These policies are two among many death penalty reforms included in an extensive platform section on capital punishment.  The convention adopted the moratorium resolution by an overwhelmingly positive voice vote.

The Texas death penalty has received harsh criticism by major Texas newspapers, religious leaders, and appellate courts.  Over the past few decades, Texas has executed over 320 people-more than any other state in the nation.  Included in the platform is support for the establishment of a Texas Capital Punishment Commission to study the Texas death penalty system.  During the course of the study, the party recommends implementing a temporary halt on executions pending action on the Commission's findings.  The Commission's report is to include recommendations to correct any flaws in the administration of capital punishment and consider the following reforms:  granting juries the option of life without parole; the right to adequate counsel; proper use of DNA technology; a ban on executions of those who commit offenses as juveniles; a ban on executing the mentally retarded or mentally ill; the right to consular notification; requiring the Board of Pardons and Paroles to convene in person to discuss and vote on every death sentence case.   

Meanwhile in Nebraska, a Democrat platform committee adopted progressive death penalty reform. A committee proposal recommending immediate abolition of the death penalty was narrowly rejected for a declaration supporting life imprisonment without the possibility of parole as an alternative to the death penalty.  The abolition proposal lost on a close 57-51 vote.

Ryan Matthews Receives New Trial, Released
(June 19, 2004) 

After five years on Louisiana's death row and one year after DNA tests suggested his innocence, a new trial has been granted to Ryan Matthews, a young African American who was sentenced to die for the murder of a Bridge City grocer in 1999. Matthews was 17 years of age at the time of his arrest. The ex-death row inmate, now age 24, was released on bail from a Louisiana jail on June 18 and is awaiting a new trail at his mother's home.

Matthews' conviction drew international attention because he was sentenced to death despite evidence of his mental retardation and he would be on death row as a juvenile. According to Matthews' lawyer, ""This is the Trifecta in terms of the death penalty. Ryan was a juvenile at the time of the murder, he's retarded, and he's innocent."" As Ryan Matthews' case is revisited in Louisiana, it remains clear that the death penalty in the U.S. is far from serving justice. 

Read More About Ryan Matthews

Maryland Executes Steven Oken
(June 18, 2004) 

Steven Oken was put to death by lethal injection shortly after 9:00 pm on June 17; it was the first execution in Maryland since 1998.  Oken, who was scheduled to be executed during the week of June 14, received an indefinite stay of execution from a federal judge earlier this week because, as U.S. District Judge Peter J. Messitte ruled, Oken was prejudiced by the state's ""late, last-minute production"" of it execution procedures.  The U.S. Supreme Court, however, ultimately lifted the stay. The Supreme Court also rejected another petition claiming Oken had received inadequate representation at his 1991 trial. Oken's attorneys asked Maryland Governor Robert Ehrlich to commute his sentence to life in prison without parole.  Just hours before Oken's execution, Ehrlich denied the request.  In an interview, Ehrlich said that he was not troubled by his decision to go forward with Oken's execution.  ""That's why I get paid.  Executives make decisions.  If you have difficulty making tough decisions, maybe you shouldn't be an executive.  It's part of the job.""  Fred Bennett, who had represented Oken for more than a decade, said in response to Oken's denied appeals and subsequent execution, ""The system has failed.  It's broken.  It cannot be repaired.""    

Over the past years, Maryland's capital punishment system has come under great scrutiny.  Last year, the University of Maryland released a study that demonstrated Maryland's death penalty system was riddled with racial and geographical bias.  Despite the studies findings, then newly appointed Governor Ehrlich put an end to a moratorium on executions that Governor Glendening put in place in May 2003. Maryland Lieutenant Governor Michael S. Steele has pledged to address the University of Maryland study, however almost two years have passed and Steele has yet to take action.   

Read An Article From the Washington Post 

Read the Letter Oken Wrote to Gov Ehrlich Days Before His Execution  

Texas Inmate Appealing Death Sentence Based On Future Dangerousness
(June 14, 2004)

Unlike most juries that consider the moral blameworthiness of a crime when considering whether or not to impose a death sentence, Texas juries must make a prediction of whether or not the defendant poses a risk of committing future violent acts.  In making such predictions, jurors must rely on expert testimony.  In 1986, psychiatrist Dr. Edward Gripon testified that David Harris posed a substantial risk of committing further violent acts.  Dr. Gripon never met with or examined Harris, but based his conclusion on the prosecutor's description of the violent acts.  Harris' attorneys have filed a petition with the state court of appeals to put a halt to his June 30 execution.  In the petition, Harris' attorney claims that Dr. Gripon's predictions were wrong.  Since his conviction, Harris has only committed minor disciplinary infractions that include having too many postage stamps, hanging a clothesline in his cell, and kicking a guard's boot while wearing shower slippers.    

A recent study we reported on last month conducted by the Texas Defender Service and Professor John Edens of Sam Houston State University found expert witnesses called by the state to make violent behavior predictions were wrong 95 percent of the time.  The study examined 155 cases in which prosecution witnesses predicted the defendant would pose a future danger to society.  The study found eight of the 155 inmates convicted of murder later engaged in behavior that resulted in serious injury.  Furthermore, thirty-one inmates, or 20 percent, had no disciplinary violations while in prison.  The remaining 75 percent had minor disciplinary infractions, such as possessing lottery tickets, food in their cells, or too many sheets.  Of the 155 inmates studied, 67 have been executed, 40 are currently on death row, and the remaining 28 later had their death sentence reduced or overturned.  None of the 155 killed again while in prison.  Texas is one of only two states that allows ""future dangerousness"" to play a decisive role in determining who receives a death sentence.  

Read 'Deadly Speculation'

 

Jury Spares Terry Nichols' Life
(June 12, 2004)

Oklahoma City bombing conspirator Terry Nichols will not receive the death penalty. A state jury convicted Nichols on 161 counts of murder for his role in the 1995 Oklahoma City Bombing but jurors could not reach a unanimous decision on whether he should be sentenced to death.  Seven jurors voted for execution, five voted against.  Nichols' sentencing has been set for August 9; Judge Steven Taylor will decide whether to formally sentence Nichols to life in prison with or without parole.  Nichols is currently serving a life sentence for his role in the death of eight federal agents who were killed in the bombing; he did not receive the death penalty in that trial either.  Nichols was convicted for helping Timothy McVeigh assemble a bomb.  The bombing took place on the second anniversary of the FBI raid on the Branch Davidian compound near Waco, Texas.  McVeigh was put to death by lethal injection on June 11, 2001.

Read An Article From CNN 

Death Penalty May Impede Saddam Hussein Trial 
(June 8, 2004) 

Officials in Great Brittan have indicated that they may refuse to hand over evidence of Saddam Hussein's crimes or allow government staff to testify against Hussein because of the nation's longstanding opposition to the death penalty. Although the death penalty was suspended by coalition forces in Iraq, it is anticipated that capital punishment will be reinstated following the return of power to Iraq at the end of June.   According to British Foreign Office minister Bill Rammell, ""The U.K government has made it clear that it opposes the use of the death penalty.  It will be up to the new Iraqi government to determine whether this punishment will be reinstated following the transfer of authority.  After the transfer of power to the new Iraqi government, we will continue to lobby against the death penalty.""

In the past, some of our most faithful allies have refused to cooperate in bringing suspected terrorists to justice if they face a death sentence.  For example, Spain refused to extradite eight men formally charged with helping prepare the attacks on the World Trade Center and Pentagon because the United States insisted on trying the men in a military tribunal where they could face the death penalty. When the Justice Department announced it would seek a death sentence against Zacarious Moussaoui, France and Germany refused to provide the United States with evidence about Moussaoui's personal life, which may have linked him to the September 11 terrorist attacks.  These cases demonstrate that the looming presence of the death penalty often works to impede the administration of justice.      

Learn More About the Death Penalty and the International Community

Upcoming Executions 

JUNE

06/01/04            PA            Hubert L. Michael - Stayed 

06/03/04            TN            Sedley Alley - Stayed 

06/08/04            FED          David Paul Hammer - Stayed

06/10/04            TX            James Lee Henderson - Stayed 

06/10/04            PA            Arthur Bomar - Stayed

06/20/04            OH           John Drummond - Stayed 

06/23/04            TX            Efrain Perez - Juvenile - Stayed

06/24/04            TX            Raul Villarreal - Juvenile - Stayed 

06/24/04            OH           Donald Ketterer - Stayed 

06/25/04            OH           Robert Bethel - Stayed 

06/25/04            WY          Dale Wayne Eaton - Stay Likely 

06/29/04            TX            Mauro Barraza - Juvenile - Stayed 

06/30/04            TX            David Harris

JULY

07/01/04            VA           Michael Lenz

07/07/04            TX           Troy Kunkel

07/09/04            IN            Darnell Williams

07/09/04            SC           Arthur Wise

07/14/04            OH          Stephen Vrabel

07/19-25/04       NV          Terry Dennis - Abandoned Appeals

07/20/04            OH           Scott Mink - Abandoned Appeals

07/22/04            VA           Mark Bailey 

NCADP Execution Alerts 

Employment & Volunteer Opportunities

Equal Justice USA Seeks a Program Co-Coordinator: Full-time Position

The Quixote Center is a non-profit justice and peace organization on the cutting edge of national and international movements working for structural change in church and society.  We seek an all-around organizer/fundraiser to co-coordinate Equal Justice USA, a project of the Quixote Center, which works for a moratorium on executions in the context of broader human rights in the criminal justice system.  The co-coordinator works in a two-person team to develop and implement all aspects of EJUSA's program and fundraising, and also plays an active role in the full Quixote Center staff collective, on track to becoming a co-director.  Co-directors receive equal base salaries and benefits, make organizational decisions by consensus, and share in the programmatic, fiscal, and organizational responsibility of the Center and its programs. The minimum commitment is two years. 

Click to learn more about the position, including salary and benefits

Soros Justice Fellowships Available
Applications for Soros Justice Advocacy, Senior, and Media Fellowships are now being accepted by the Open Society Institute from lawyers, advocates, organizers, scholars, journalists and documentarians seeking to make advancements in criminal justice. The deadline for applications is September 22, 2004. Proposed work should focus on reducing the nation's over reliance on policies of punishment and incarceration, encouraging the successful resettlement of people returning from prison, eliminating race and class disparities in the criminal justice system, and restoring judicial discretion. More information about the fellowship is available on the Open Society Institute's Web site.
 

NCADP Board Of Directors Accepting Nominations

The NCADP Board of Directors is now accepting nominations for the 2004-2005 National Coalition to Abolish the Death Penalty Board of Directors. Nominations should be emailed to conference2004@ncadp.org by July 12, 2004. Board elections will take place at "NCADP 2004," the annual conference that is being held Oct. 14-17 at Gallaudet University in Washington, D.C.

For additional information, please visit: http://www.ncadp.org/2004_conference_nominations_board.html 

NCADP Executive Director Search Announcement and Profile
NCADP (www.ncadp.org) is seeking an Executive Director to provide leadership, vision and management to the organization. The Executive Director, in Collaboration with the Board of Directors, will lead the staff in enhancing and mobilizing additional resources and support to fulfill the organization's mission of abolishing the death penalty.

For additional information: http://www.ncadp.org/press_release_5_17_2004_search.html

PADP National Steering Committee Position Announcement 

The Amnesty International USA Program to Abolish the Death Penalty is recruiting for three unpaid volunteer leadership positions:  One must be from the Southern region, one from the Northeast region, and one is an ""at large"" position for which a resident of any region may apply.  The Program to Abolish the Death Penalty National Steering Committee (PADP-NSC) is composed of AIUSA members, staff, and Board liaisons working together to develop and implement Program goals.  The Committee collaborates and consults on fundamental policy matters relating to the Program, including long-range and annual plans, major policy or program changes or initiatives, program evaluation, and budget planning.  

Committee members must be members of Amnesty International USA.

Application Process

Interested candidates should submit a resume or summary, which describes past and present anti-death penalty work or volunteer activities (and other relevant social justice experience), a cover letter indicating interest in the position, and three references. Regional Staff and RDPACs are actively encouraged to speak to each other about potential candidates and make recommendations in relevant regions. All interested candidates must submit their applications directly to the PADP. Students and youth are strongly encouraged to apply. Further, the PADP-NSC, like AIUSA, is committed to multiculturalism and organizational diversity, and actively seeks applications from people of color and persons from minority groups.

Please submit all application materials by JULY 11TH to:

Attn: The Program to Abolish the Death Penalty
Ref: National Steering Committee Recruitment
Amnesty International USA
600 Pennsylvania Avenue, S.E., 5th Floor
Washington, D.C. 20003

You may also fax or email your application materials to the PADP c/o the
Program Associate, Kristin Houlé, at:
Fax:  202-546-7142
E-mail:  khoule@aiusa.org
(Please put PADP National Steering Committee Recruitment Application in subject line)

Resources 

Study Encourages Police To Record Interviews

A recent study conducted by former U.S. Attorney Thomas Sullivan and released by the Center on Wrongful Convictions at Northwestern University School of Law concluded that electronic recording of interrogations of criminal suspects is a cost-effective method that results in more convictions and speedier justice. The researchers contacted 238 law enforcement agencies in 38 states that record interrogations in felony crimes and found that ""virtually every officer with whom we spoke, having given custodial recordings a try, was enthusiastically in favor of the practice."" The report is a follow-up to recomm